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My husband and I are separated and he now has his own place but refuses to let me know where he lives. We have a 1 year old daughter together and since I do not know where he lives or his living conditions can I not have my daughter go with him when he says "he going to HIS home"? Since I don't know the whereabouts of my baby when she is with him, can I not let him take her until I find out his living location and arrangements?

Asked on 10/07/13, 12:03 pm

1 Answer from Attorneys

It is quite reasonable to refuse to allow the child to go with the father if he will not tell you where he lives or allow you to have a quick look at the place. If he wants to be a jerk, tell him he will just have to deal with visitation that is supervised by you and / or at some public location. Do keep in mind that if there is no Court order or a least a Separation Agreement establishing custody, then father is well within his rights to take the child to his place, not inform you where it is and more over to not give the child back. Of course all this jerkish behavior is stressful for the child and would most likely make him look bad in Court. It is always best if the parents can work together and be cooperative in raising the child but if that doesn't happen - you should consult a family law attorney to see what your options are.